12Presumption of parentage arising from findings of courts

#### 12 Presumption of parentage arising from findings of courts 12 Presumption of parentage arising from findings of courts > > (1) A person is presumed to be a child’s parent if— > > > > > (a) while the person is alive, a prescribed court has— > > > > > > > (i) found expressly that the person is the child’s parent, or > > > > > > > (ii) made a finding that it could not have made unless the person was the child’s parent, and > > > > > (b) the finding has not been altered, set aside or reversed. > > > (2) A presumption arising under subsection (1) is irrebuttable. > > > (3) A person is presumed to be a child’s parent if— > > > > > (a) after the person dies, a prescribed court has— > > > > > > > (i) found expressly that the person was the child’s parent, or > > > > > > > (ii) made a finding that it could not have made unless the person was the child’s parent, and > > > > > (b) the finding has not been altered, set aside or reversed. > > > (4) In this section, a reference to a finding of a prescribed court includes— > > > > > (a) a reference to a declaration of parentage, and > > > > > (b) a reference to a finding whether made before or after the commencement of this section. > > > (5) Nothing in this section affects the operation of Chapter 5 (Recognition of adoptions) of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075). > > **s 12:** Am 2000 No 75, Sch 2.5 \[3\].